PREAMBLE
The site is published by the seller, SAS SEAN K, whose head office is located at the following address: 58 AVENUE DE WAGRAM 75017 PARIS, and registered at 485 224 463 RCS DE PARIS. Individual number of intra-community identification of the salesman: FR 27 485 224 463 The following provisions have for object to define the general terms and conditions of sale on the site French Deal The present general conditions of sale (hereafter “GTC”) define the contractual rights and obligations of the salesman and his customer within the framework of a remote sale and by electronic way of goods and products. The GTC shall exclusively govern the relationship between the seller and the customer. The GTC express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated. In case of doubt about any of the terms and conditions of sale, the practices in force in the sector of distance selling by companies whose registered office is in France and the Consumer Code shall apply. The seller reserves the right to modify the GTC from time to time. The modifications will be applicable as of their setting on line.
ARTICLE 1. CATALOG OR ONLINE STORE
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value. The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the salesman could not be committed of this fact. The products are offered within the limits of available stocks. The prices and taxes related to the sale of products are specified in the catalog or the online store.
ARTICLE 2. PRICES
The seller reserves the right to modify its prices at any time by publishing them online. Only the prices in force at the time of the order will apply, subject to availability of the products at this date. The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account the delivery costs, which are invoiced in supplement. The delivery costs are indicated before the validation of the order by the customer. The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of products. The total amount of the order (including all taxes) and delivery charges is indicated before final validation of the order form. The payment of the totality of the price must be carried out at the time of the order.
ARTICLE 3. ONLINE ORDER
The customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the customer accepts the price and the description of the products. The customer will have to accept by clicking on the indicated place, the present general conditions of sale, for his order to be validated. The customer will have to give a valid e-mail address and a valid delivery address and recognizes by the present general conditions of sale that any exchange with the salesman can intervene by means of this address. The customer must also choose the delivery method and validate the payment method. The seller reserves the right to block the customer’s order in the event of non-payment, incorrect address or any other problem on the customer’s account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with payment obligation, which means that the placing of the order implies a payment by the customer.
1. PAYMENT
The customer makes the payment at the time of the final validation of the order by specifying his credit card number. The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his consent to the sale as well as to the due date of the sums due under the order. In case of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by transmitting a claim according to the following modalities, so that the seller takes charge of the costs of the sale and returns the disputed amount: By telephone from Monday to Friday from: 09:00 to 18:00 without interruption at the following number: +33 9 81 65 50 08 By email: customersuccess@frenchdeal.biz Any dispute not made in the rules defined above and within the time limits will not be taken into account and will release the seller from any responsibility. The seller has set up a procedure to verify orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data. In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery. The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is pending.
2. CONFIRMATION
Upon receipt of the validation of the purchase and the payment by the customer, the seller will send to the customer, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed. The seller is obliged to send an invoice to the customer upon delivery. The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery. In case of unavailability of a product, the seller will inform the customer by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and definitive. The customer can always exercise his right of withdrawal within 14 days from the moment the information concerning the unavailability of the product was sent to him. For any question relating to the follow-up of an order, the customer will be able to contact the customer service with the following coordinates: By phone from Monday to Friday from: 09h00 to 18h00 without interruption at the following number: +33 9 81 65 50 08 By mail: customersuccess@frenchdeal.biz
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer’s credit card number and the final validation of the order are proof of the customer’s agreement, the payability of the sums due under the purchase order, signature and express acceptance of all operations performed.
ARTICLE 6. PROOF OF THE TRANSACTION
The communications, orders and payments made between the customer and the seller can be proven thanks to the computerized registers, kept in the computer systems of the seller in reasonable security conditions. The purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All the payment methods available to the customer are listed on the seller’s website. The customer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing the order.
ARTICLE 8. DELIVERY
The delivery is made only after confirmation of the payment by the banking organization of the salesman. The products are delivered to the address indicated by the customer on the form on line being worth order form, the customer having to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense. Except in case of force majeure, the delivery intervenes, according to the mode chosen by the customer, within the following times: Standard Delivery: 4 – 6 days Express Delivery: 2 – 3 days Premium Delivery: 24 hours Premium Plus Delivery: 6 – 8 weeks (Made to order)
1. DELAY IN DELIVERY AND NOTICE OF DEFAULT
In the event of a delay in delivery, the seller will inform the customer, who may withdraw from the contract and request a refund within 14 days of such withdrawal. The total reimbursement of the product and the delivery costs, or reshipment if necessary, is then made. This denunciation of the contract must be addressed according to the following methods: By telephone from Monday to Friday from: 09:00 to 18:00 without interruption at the following number: +33 9 81 65 50 08 By e-mail: customersuccess@frenchdeal.biz Any denunciation not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.
2. VERIFICATION OF THE ORDER
If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the products. If they were damaged, the purchaser must refuse the parcel and note a reserve on the delivery order. The customer must indicate on the delivery form, and in handwritten form, any anomaly concerning the delivery. The verification of the products is considered to have been carried out as soon as the customer, or a person authorized by him, has signed the delivery note. The customer must, if necessary, inform the seller of his reservations in the following ways: By telephone from Monday to Friday from: 09:00 to 18:00 without interruption at the following number: +33 9 81 65 50 08 By e-mail: customersuccess@frenchdeal.biz Any reserve not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the customer.
3. DELIVERY ERROR
In case of error of delivery and/or non-conformity of the products compared to the indications appearing on the purchase order, the customer formulates his complaint near the salesman the same day of the delivery or at the latest the first wrought day following the delivery. The complaint can be made in the following ways: By telephone from Monday to Friday from: 09:00 to 18:00 without interruption at the following number: +33 9 81 65 50 08 By e-mail: customersuccess@frenchdeal.biz Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer.
4. RETURN OF ORDER
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following procedures: Product returned by mail within 10 days from the date of delivery, to the following address Showroom French Deal 16, Passage de Clichy 75018 Paris Any complaint or return not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer. Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The return costs are at the expense of the seller.
ARTICLE 9. GUARANTEES OF THE PRODUCTS
The seller is responsible for the conformity of the products to the contract. The customer can formulate a request under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Code of consumption, or under the guarantee of the defects of articles 1641 and following of the Civil code.
1. GUARANTEE OF CONFORMITY
The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity. As such, he can choose between repair or replacement of the good, under the conditions provided in Article L. 211-9 of the Consumer Code. The customer is not required to prove the existence of a defect in conformity, within 6 months (24 months as of March 18, 2016, except for second-hand goods) following the date of delivery of the product.
2. WARRANTY OF DEFECTS
The customer, if it implements the guarantee of defects provided for in Articles 1641 and following of the Civil Code, may choose between the resolution of the sale or a reduction of the price, and this in accordance with Article 1644 of the Civil Code.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUND
In case of unavailability of an ordered product, the customer will be informed by e-mail. The customer will have the possibility of cancelling his order and will thus have the choice between the refunding of the sums by him paid in the 30 days at the latest of their payment, or with the exchange of the product.
ARTICLE 11. RIGHT OF RETRACTION
The customer can make use of his right of retraction and return of the product within 14 working days following the delivery. The customer will assert his right of withdrawal by contacting the customer service: By telephone from Monday to Friday from: 09:00 to 18:00 without interruption at the following number: +33 9 81 65 50 08 By mail: customersuccess@frenchdeal.biz After having communicated his decision to withdraw, the customer has 14 days to return or restitute the goods. Any withdrawal or return not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer. The customer will be able to ask for the exchange or the refunding of the returned product, without penalty, the expenses of return being dealt with by the salesman. The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in saleable condition. Some products, because of their intrinsic quality, will not be subject to the right of withdrawal and will not be refunded, including but not limited to, the products referred to in Article L. 121-21-8 of the Consumer Code, namely: any custom-made product; any product that cannot by nature be returned; any perishable product; any video product; any press product … The seller will have to refund the customer of the totality of the paid sums, including the expenses of delivery, in the 14 days of the recovery of the goods or the transmission of a proof of the forwarding of these goods.
ARTICLE 12. FORCE MAJEURE
The parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code, would prevent their execution. The obligations of the parties shall be suspended. The party invoking such a circumstance shall notify the other party immediately upon its occurrence and disappearance. Are considered as cases of force majeure all facts or circumstances irresistible and unforeseeable, unavoidable and which could not be prevented by the latter, despite all reasonably possible efforts, defined as such by the French jurisprudence and in particular, the blocking of the means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stop of the telecommunication networks. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
ARTICLE 13. PARTIAL NULLITY
If one or several stipulations of the present general conditions of sale were to be declared null and void by application of the law, a regulation or a final decision of a French jurisdiction, the other stipulations will keep all their force and their range.
ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is installed in France in a stable and durable way to effectively carry out its activity, whatever the location of its head office, in the case of a legal entity. Therefore, the present GTC are subject to the application of French law, excluding the provisions of the Vienna Convention. In the event of a dispute or claim, the customer shall first contact the seller to obtain an amicable solution. In the absence of an amicable agreement, the customer, if he contracts as a consumer, may bring proceedings before the court of his choice and if he contracts as a professional, may bring proceedings before the court of the place of the seller’s registered office.